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FOX and Friends

News/Business. Steve Doocy, Gretchen Carlson, Brian Kilmeade. News, features and interviews. New.

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Us 30, Mr. Zimmerman 20, George Zimmerman 12, Randy Travis 11, America 10, Gretchen 10, Zimmerman 9, Steve 7, U.s. 6, Florida 6, Usaa 6, New York City 6, Colorado 6, Texas 5, Titus 5, Afghanistan 5, Obamacare 4, Michelle Malkin 4, Greta Van Susteren 4, Nicole Petallides 4,
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  FOX News    FOX and Friends    News/Business. Steve Doocy, Gretchen Carlson,  
   Brian Kilmeade. News, features and interviews. New.  

    July 11, 2013
    3:00 - 6:00am PDT  

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inscribed on it s.c.c. championship. the problem? it was the a.c.c. oh boy. have a great day, folks. "fox & friends" starts right now. >> good morning everybody. it is thursday. july 11, 2013. i'm gretchen carlson. thanks for sharing your time today. fox news alert. while you were sleeping country singer randy travis taking a turn for the worse. a stroke. emergency surgery. we have the details. >>steve: a wild day in court in the george zimmerman trial ending with questions about the judge's behavior. >> on mr. zimmerman's behalf -- >> i'm asking your client questions. please, mr. west. >> i object to the court inquiring of mr. zimmerman as to his decision about whether or not to testify. >> your objection is overruled. >>steve: really? did the judge go way too
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far right there. greta van susteren weighs in. you'll be shocked. >>brian: imagine driving directly into a mudslide. >> oh my god. >>brian: wow. a car swallowed up and how the driver made it out with his video camera. "fox & friends" starts now. ♪ ♪ >>gretchen: good morning everybody. >>brian: i lived in malibu for awhile. those mudslides a little bit scary. i'm always there after the mud arrives so you know your commute is about three and a half hours longer. >>steve: wait till you see that video. by the way, you know what today is? >>gretchen: national slurpee day. >>steve: it's 7-eleven! >>gretchen: every day is
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national something day. >>brian: it's also slurpee day. i heard that 7-eleven is going to be open for 24 hours. >>steve: used to be from 7 to 11. let me ask you this, if 7-eleven is open 24 hours a day, why do they have locks on the door? any way, free slurpees nationwide. today celebrates their official anniversary. >>gretchen: we eat a lot of different foods on this show starting at 6 a.m. sometimes it is like i don't know if i can eat that. >>steve: especially a slurpee. >>gretchen: that was my point is that actually today i want one of those slurpees. fox news alert. while you were sleeping randy travis taking a turn for the worse, had a stroke. he underwent surgery last night to relieve the pressure in his brain. he's in critical condition this morning. the 54-year-old was
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hospitalized sunday for a rare virus that attacks the heart. incredible video showing the moment a driver is caught in the middle of a mudslide. >> oh my god. >>gretchen: it happened in el paso county, colorado. the driver says one minute he was on the highway. the next he was being flipped off the road. here is another view of the terrifying incident. a dozen cars washed away. no one was hurt luckily. shocking revelations in the deadly crash of asiana flight 214. the pilot told flight attendants not to evacuate the airplane after it crash-landed. they made an announcement to passengers to stay in their seats. it wasn't until 90 seconds later until a flight attendant saw flames. we're learning the pilot behind the controls claiming he was blinded by some kind of a light before landing and for the first time we're hearing the
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frantic calls to 911. >> emergency. what are you reporting? >> there are people injured on the tarmac, seriously injured. no ambulance -- >> were you on the plane, ma'am? >> yes, i was on the plane. we've been on the ground, i don't know, 20 minutes or a half-hour. there are people laying on the tarmac with critical injuries, head injuries. we're trying to keep them alive. >>gretchen: we've learned three flight attendants were still strapped in their seats when they were sucked out of the plane. they all survived the crash. for the first time we're hearing from one of the good samaritans who saved a man from being run over by a truck. the wheelchair-bound man fell face first on to the train tracks in washington, d.c. army specialist michael menchalka was coming down at that moment. he jumped on to the tracks to save the man but don't dare call him a hero. >> i was doing the right
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thing. >> you don't think those actions are heroic? >> not really. i was just doing the right thing. >> he is being considered for the soldiers medal, the army's highest peacetime award. those are your headlines today. >>brian: a big guy. because you fall about five feet. you've got to get down there, hope a train is not coming. lift him up. get the chair out. incredible. >>steve: a hero. let's tell you about the george zimmerman case. yesterday the defense rested. closing arguments probably later today. the prosecution may present a couple of rebuttal witnesses. looks like the jurors will have the case by friday. also we did see, the defense brought out a rubber mannequin to demonstrate exactly how mr. zimmerman might have been underneath trayvon martin and trayvon martin pounded him up and down causing those injuries to the back of his head. >>brian: you know what's interesting, tactically when you bring out that mannequin and do that, you get the prosecution doing the same thing.
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they get to use your mannequin. >>gretchen: the prosecution started with it. the defense had to show how they saw what happened that night. the big thing is george zimmerman decided not to testify yesterday. no surprise there. the other big decision that is going to come today is for judge debra nelson. what she's going to have to decide is whether or not she is going to agree to instructing the jury on different types of charges here now. will she agree to instruct the jury on lesser charges? manslaughter and aggravated assault. right now prosecutors, when they are asking for that, it's pretty clear they don't feel confident about the second-degree murder charges they started with. will she allow that? of course the defense doesn't want that because they believe they have been able to prove their case that it wasn't second-degree murder. >>brian: manslaughter 10 to 30. assault, you get 3 to 5 years. are you willing to say all or nothing? are you willing to say second-degree murder or we lose. jose bias, famous for casey
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anthony says the defense has not proven their case. >>steve: yesterday judge debra nelson asked -- generally what happens is after the defense rests its case, then they ask the defendant, are you going to testify in your own behalf and you would answer at that point. but extraordinarily yesterday the defense was not done, and yet out of nowhere she asked george zimmerman whether or not he's going to testify in his own behalf. it was kind of weird. here it is. >> have you made a decision, sir, as to whether or not you want to testify -- >> your honor, i object to that question. >> okay. overruled. have you made a decision as to whether or not you want to testify in the case sph >> i object to that question. i think that's -- >> overruled. the court is entitled to inquire of mr. zimmerman's determination as to whether or not he wants to testify. mr. zimmerman, have you made a decision as to whether or not you want to
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testify in this case? >> no, not at this time. >> okay. how long do you think you need before you make that decision? >> your honor, may we have an opportunity to speak? the case isn't concluded yet. >> i understand that. and i've asked mr. zimmerman if he needed more time to talk to his attorneys. and if he does, i will afford it to him. mr. zimmerman, how much more time do you think you're going to need to discuss this with your attorneys? >> on mr. zimmerman's behalf -- >> i am asking your client questions. please, mr. west. >> i object to the court inquiring of mr. zimmerman as to his decision about whether or not to testify -- >> your objection is overruled. mr. zimmerman, i will give you more time, sir, to discuss this with your attorneys. thank you very much. >>gretchen: is that in front of the jury. >>steve: what was she doing? stkpwroeup -- >>gretchen: was that in front of the jury?
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because that is amazing. >>brian: it is not a tough call for the defense not to call him. he's already on camera describing the whole scene and he sits down with sean hannity for about a half-hour. if you're the defense, unless the prosecution was extraordinarily effective in proving its case, you don't think about putting him on. >>steve: keep in mind she was asking him the question before the defense rested the case. it seems so crazy. greta van susteren has been in courtrooms for years. >>brian: not in trouble. she's a lawyer. >>steve: exactly. here's greta on the judge. >> let me tell you off the top that judge was way out of line. the defense had not rested, had not nearly rested. what in the world was she bad skwrering him for -- about badgering him for? >>gretchen: the question i have this morning is
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let's say mr. zimmerman is convicted. can you use that snippet from the judge if it is in front of the jury to appeal? can you use that as an appeal? somebody help me out if you're a judge or lawyer out there or if we get somebody on the phone in the control room? >>brian: in the late 70's, if you watched "paper>>gre it to law school. >> i was a perry mason guy. >>brian: what about "iron side"? did that come up? >>steve: not sure. meanwhile, let's talk about what's going on on capitol hill regarding obamacare. as you know, it was voted on a couple of years ago. it did pass. but it still has not been completely implemented. last week the extraordinarily once again the administration said that the business element of the mandate where businesses would be required to provide insurance would not go into
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effect when it's supposed to. essentially they're changing the law. but there's some republicans who are saying you know what? let's go ahead and suspend the individual mandate where people have to either buy it or pay a fine for a year as well. >>gretchen: that makes sense. if you're going to allow businesses to get off on this, so to speak, then why not allow the average citizen? because quite honestly, it's probably more expensive for the average citizen to have to try to come up with the money for this than for a business to have to come up with the money. >>brian: just to review, on july 3 the deputy assistant secretary treasury the day before our nation's birthday announces on a blog post employer mandate is done. if everyone else was still barbecuing, they said i have an idea. let's have everyone self-report whether they qualify for the subsidies that allow you to go to an exchange. now that we're awake and sober and congress is back, they're saying you can't stop there, let's continue this push. meanwhile senator thune came forward and senator
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thune says the average american, the average american has more than $1,000 -- has to pay more than $1,000 a fine and a minute. why doesn't that matter? why couldn't we get involved in this? many people pointing out something that is pretty obvious. that this whole thing is imploding before our eyes. >>steve: it's what? >>brian: imploding. >>steve: do we have video of that? >>brian: down goes frazier. >>gretchen: i didn't know taxpayers paid for an obamacare building as well? >>steve: we probably paid for a lot of buildings. >>brian: computers aren't set up, people don't understand it, everything is on a delay. >>steve: other than that it is working out great. >>brian: yesterday kathleen sebelius put aside $150 million in grant awards for health centers nationwide to enroll
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americans in this plan. and they're spending over $1 billion on ads to sell us on the plan that was voted in. >>steve: there are parts people do like but when you put it all together, it's not working. >>gretchen: let us know what you think about that throughout the day. in the meantime fill up your tank today. gas prices are going to continue to go up. stuart varney says the president can do something to keep that from happening, but stu doesn't believe he will. he'll tell us why. >>steve: he confessed to orchestrating the september 11 attacks so why was sheikh muhammad allowed to pursue his dream behind bars? you're not going to believe what the c.i.a. lets him do. ♪ ♪ [ lighter flicking ] [ male announcer ] you've reached the age where giving up isn't who you are.
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>>steve: if you have a car and you're on your way to work, school or some place, buy gas today. why? because tomorrow it is going to cost you a lot more. why? let's turn to that guy, stuart varney varney. what's up? >> it is going to cost a lot more. we're at the start of a spike. the price of gasoline is going straight up. a lot of analysts are saying it is going to go up between 10 and 20 cents a gallon in the next few days. the reason is the price of oil is going straight up, and the reason for that is egypt. chaos in egypt. the suez canal is in the middle of egypt, and the suez canal is threatened by this chaos in the political situation there, and oil goes through the suez canal. so up goes the price when the suez canal is threatened. al qaeda camps have been located in the desert near the suez canal, so now we have the price of oil at $107 a barrel, and gasoline today is up nearly 2 cents a gallon at $3.52.
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look at that for the price of oil. straight up. the price of gas is $3.52 today and going up a lot more in the very near future. >>steve: what i learned at the stuart varney school of economics is the fact that the reason it goes up is because we have to get a lot gas -- of gas over there. if we have it here and we extract it out the ground, the price would be lower. >> why don't we aggressively go after our own oil? >>steve: you know that. the environmentalists. >> that is precisely the reason why. the environmentalists do not want us to take oil from canada. it is supposedly heavy oil and is bad for climate change. they don't want that. so they stopped the pipeline. and the president who is under pressure on a variety of fronts, whether it is the i.r.s. scandal, foreign policy, obamacare falling to pieces, he needs to shore up his base and the environmentalists are his base, so he continues to delay on approving the pipeline. >>steve: you know something i just have never
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quite understood and that is why is it okay for us to have a lot of wells out in the gulf of mexico, and yet on the east coast of the united states, on the west coast, no. nothing. >> i'm not sure i can explain that either except that the environmentalists do not want to extend offshore drilling. >>steve: they have a lot power. as people will notice on the bottom of the screen occasionally we have the dow futures. they are way up today. why? >> you'll probably get a new all-time high for the dow, certainly in the early going today. that's because ben bernanke, big speech yesterday. he implied that low, very low interest rates, he wants them to continue for a long time to come. up goes the stock market. >>steve: stuart varney, who i would marriage filled up his car -- who i would imagine filled up his car before he came to work. going to be at fox business today three hours from now. thank you, stu. straight ahead, caught on camera, a child hit by a car and the driver takes off. but there is an incredible ending to this story.
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heartbreaking. the ending and a very relieved mother. you have to see it. stick around. we got many e-mails from our viewers. should funding to the i.r.s. be slashed. we have both sides of the debate, and that is coming up. >> stay in line. to the right, to the right, to the right. right. ♪ ♪ >> to the left. >> to the left. 3, 4, years ago, my doctor told me to take a centrum silver multivitamin every day. i told him, sure. can't hurt, right? and now today, i see this in the news. once again, centrum silver was chosen by researchers for another landmark study. this time looking at eye health. my doctor! he knows his stuff. [ male announcer ] centrum. the most studied. the most recommended. and the most preferred multivitamin brand.
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>>gretchen: if you're just waking up, it's 23 minutes after the top of the hour. quick headlines for you. anger over the death of ambassador chris stevens in the benghazi attack could resurface today at a confirmation hearing for
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victoria newland. she has been serving as the state department spokesperson and some say covered for hillary clinton who had avoided answering questions about that attack. d.c. lawmakers passing a bill requiring big-box retailers to pay workers a minimum of $12.50 an hour. wal-mart doesn't like that and a spokesperson said it is a legislation forcing the company to call off construction of three d.c. stores. he also says wal-mart may stop working on three stores already under construction. brian, let's head over to you. >>brian: the i.r.s. admitting targeting conservative groups, tea party organizations and spending taxpayer cash on things like this. ♪ [music] ♪ the cupid shuffle >>brian: good to know they're practicing for the big show. should they get even more of your money? house republicans pushing legislation that would cut the agency's budget and the legislation would give $9 billion to the i.r.s., $4 billion less than requested by president obama.
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here for a fair and balanced debate is republican strategist ryan kurdowsky and sasha burns. do you think this is a democrat or republican issue? don't you believe the i.r.s. should be sanctioned for their terrible performance? >> i will never defend waste of taxpayers and conferences and that sort of thing. but when i think of a government entity that is lavishly wasting money and has a low approval rating, that's congress. i think they ought to look at their own house. >>brian: if you're looking at pure performance, if anybody should be cut, shouldn't it be the i.r.s.? >> the i.r.s. has been a political arm now for the president going back to the clinton administration. if you look at paula jones is audited in 1997 when she paid no taxes at all. they went after the leadership group in 2012 and asked them about their current interns. the i.r.s. should be targeted because at this point they are not servicing their job.
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60% of americans according to gallup say they abuse their power often. at this point they're targeting the president more often. >>brian: $50 million spent on video conferences and videos from the 2010 to 2012. and $13.8 billion in overpaid in tax credits in 2012. let alone $70 million they are scheduled to be handing out in performance bonuses this year. for underperforming they're getting bonuses? >> in terms of bonuses, if you have a couple of bad apples, does the company have the right to ding everybody for work already done? that aside, like i said, the waste is ridiculous. it's absolutely ridiculous. but what you get when you try to gut a budget by 25%, which is what this is, is understaffing. what you get out of that is
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the i.r.s. scandal. what you had in that was after citizens united a doubling of applications for this tax-exempt status. same amount of workers, so what do they do? use shortcuts. to find outliars, they put in tea party, this and that because they're understaffed. >>brian: sascha your shorts -- shortcuts are what the tea party would say are targets. 292-8. some of them were on a list and never probed. >> this cut means the i.r.s. has to work with a budget they had in 2001. this is not an archaically small budget. 2010 wasn't that long ago. you have to have a penalty. >>brian: a union will fight this every step of the way. >> it's not going to pass. sort of like the 38th repeal of obamacare that speaker boehner is about to do. not going to pass. another example of congress wasting time.
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>>brian: when i saw elijah cummings seeming as outraeupbled as republicans -- out raged as republicans, this has to be something where both can agree, but i guess not. good to see you. two minutes till the bottom of the hour. while the i.r.s. wasted tons of money, danger pay for our troops is heading for the chopping block. is this a good idea? anna's assignment today is out of this world. am i right, anna kooiman? >> good morning to you. good morning. the brand-new shuttle "atlantis" exhibit. live with an astronaut in a by the. right now i'm in the commander seat checking out all the displays and controls. this could be dangerous. ♪ ♪
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>> president obama told a group of kids that broccoli is his favorite food. then he was like is michelle gone? cool. it's actually skittles. >>steve: like george herbert walker bush. hated broccoli. >>gretchen: the first thing that came to my mind was disagreeing with republicans. >>brian: first off, could i give parents a hand? do we have any parents watching or is it mostly
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children? i have found a vegetable that my family actually orders and prefers. >>steve: potatoes. >>brian: sauteed broccoli. >>gretchen: i thought you were going to say kale. >>brian: you can get them to eat kale? >>gretchen: this is what you do, coming from somebody who does not know how to cook. you put the kale, olive oil, salt and pepper, put it in the oven. it gets crispy and kind of like chips. they eat it. it has the same nutrients as broccoli. >>brian: kale chips? >>gretchen: i'm telling you. if you struggle with your kids getting them the right vitamin and all. >>brian: my brother is a genius. he would starve his family until 7:00 and only put out vegetables. no one eats until the vegetables are gone. ten years later they are starting to eat vegetables on their own. a slow process.
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>>gretchen: how do you saute broccoli? >> you order it from gino's and then take the top off when it comes in. >>gretchen: love it. by the way, for those of us who didn't know whether or not the jury was in the room, thank goodness we have greg jarrett who works for us. they have e-mailed it. here's an interesting thing. the basis for appeal, yes and no. yes, he can argue he was intimidated -- meaning george zimmerman. but, no, it won't succeed because the judge cured her mistake by going through the same set of questions after the defense rested. so there you have it. our experts. >>brian: they do watch the morning show. hope they are nielsen homes. >>gretchen: other headlines. the peg considering cutting -- the pentagon considering cutting danger pay for troops. officials came up with a list of 18 countries where security conditions improved. they say they are no longer dangerous enough to warrant extra pay. one of those countries,
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jordan, where hundreds of troops were just deployed because of the civil war in syria. if this plan is approved, military members would lose $225 a month. >>steve: that guy there confessed to orchestrating the september 11 attacks. so why was khalid sheikh mohammed allowed to pursue his dream job while being held behind bars? the associated press has learned that the c.i.a. let the terrorist mastermind build a vacuum cleaner. >>gretchen: what? >>steve: yes. khalid sheikh mohammed has a bachelor's degree in mechanical engineering and asked if he could work on a vacuum cleaner. c.i.a. officials reportedly thought he might provide, you know, he might prove you feel some day and didn't want him to go crazy, so they agreed to his request. so behind bars he's building a vacuum cleaner. >>brian: an electrolux. according to an recent
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article the economic development administration tkroeus -- destroys their computers on average. they thought their network had been hacked. the unorthodox act cost $3 million in damage. >>gretchen: video that is shocking, a driver backed into a mom pushing her child in a stroller. the minivan knocks her over and drags the toddler through the parking lot. look at that desperate mom. mom running to try and grab her son. the driver stopped. the mom is able to unbuckle her child before the driver takes off. amazingly the mom and toddler were not hurt. police ph michigan releasing this picture of a suspect from a surveillance camera. pretty good shot. if you know who that is, call your local authorities. >>steve: i know who that guy is right over there. >>gretchen: who? >>steve: a sports guy. >>brian: thank you. i'm going to accept that as my toss. san francisco giants
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pitcher chad godin in hot water, arrested for allegedly groping a woman in a las vegas hospital. witnesses say he walked up to the woman who was lying on a gurney and began touching her. hospital security held him down until police arrived. hehas been charged with lewdness. derek jeter expected to come off the d.l. this afternoon. this comes as a shock to gretchen in times for the game against the royals. jeter has not played in a game this season. he fractured his left ankle in october. he suffered a setback in may and they have been barely holding on. the 39-year-old went out for -- won one for nine in four minor league games but he looks good and will play on friday. we have fox day over the weekend at yankee stadium. take a look at this championship ring. they inscribed it s.e.c. championships instead of
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a.c.c. >>steve: just a little difference between the two. >>brian: coming up on "kilmeade & friends" shortly among our friends on the "kilmeade & friends" app, chris wallace. we'll see if he has an attitude. between 9 and noon. see you then. >>steve: let's see what's going on on the streets. let's see if she has an umbrella because it is raining. >> i don't have an umbrella. we decided to seek shelter under a little covering. we have a baseball tkpwaoeuplg up so we have shelter -- a baseball game coming up so we have shelter. we've had drizzle off and on this morning. later this afternoon expecting heavy showers and heavy thunderstorms rolling through parts of the east
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coast. parts of north carolina, parts of virginia expecting pretty significant downpours. farther west, severe storms. even sections of extreme northwest nevada. temperatures, not too bad for new york city, 82 for the high. triple digits in rapid city. >>steve: two years ago the space shuttle "atlantis" launched into space for the last time marking the end of the space program as we knew it. now it hangs in the kennedy visitors center, the space flight center. that is where our own anna kooiman is right now. good morning to you. >> good morning, steve. good morning to everybody at home. hope you guys are enjoying a breakfast. i'm about to enjoy a freeze dried ice cream sandwich here. we're in a $100 million facility with this orbiter behind us. none of your taxpayers went to pay for it. it is funded by merchandise
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foods and the ticket center. this is one of three orbiters on dis play for the public across the country. how is "atlantis" different? >> it is different because it is displayed like it is flying in space, as only the astronauts have seen it. discovery is up at the air and space museum. it looks like it landed and rolled into the hangar. eventually it will be mounted on the vertical like it is getting ready to take off. >> it is popped open so everybody can see inside. it is essentially a 360-degree angle. even the markings from where it scratched earth's surface is still on there. >> just as it landed two years ago. it is pretty amazing when you consider two years ago it was flying in space and we tphreurbd all -- and it accomplished this. >> give us the specs on this. >> it looks like it just undocked from the international space
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station. you've got the robotic arm, the antenna for communications. you can see in the payload bay. added one of the modules to the space station. all the systems up and down. you can walk all around it. it's phenomenal. >> the view is great but it's also fantastic for the kids to get interactive. >> they can dock with the space station. they can land the space shuttle. they can fly the robotic arm, see what it's like in the cockpit. >> that is where we are. this is the commander seat. i understand you're letting me sit here because this is a mock-up. otherwise i don't think you would trust me. what are we looking at? what is this? >> all the controls and displays. electronic flight displays, all the systems and guidance for how you come back in to land, the heads up display where you can see your guidance when you're coming in to land. this controls roll pitch. you turn the computers on up here. you talk to the computers, to the keyboards here, the
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displays here. >> i want to get to what the future of the space program is. there is a great video visitors get to see. grown men crying as i watched the video with the crowd yesterday. what's the future? >> the future is we are going to build a big rocket that is going to eventually allow us to go to mars. that will fly a test flight on a capsule. the rocket itself will launch with a crew in 2021. >> we'll have more with you coming up at 8:30. i'm going to go enjoy my ice cream sandwich. >>gretchen: heard the crunch. >>brian: it's freeze dried. >>steve: tasty? >> not very good. >>brian: we'll check with anna kooiman later. many of you take this every day. but it turns out it could raise your risk for prostate cancer by 70%. you want to hear this. that story coming your way. >>gretchen: the defense rests in the trial of george zimmerman in florida. now the judge may consider
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lowering the charges: manslaughter, aggravated assault. is that okay? judge andrew napolitano [ female announcer ] when you asked us to remove high fructose corn syrup from yoplait original and light, we were like, "sure. no problem!" and you were like, "thanks, but what about thick & creamy and whips!" and we were like, "done and done! now it's out of everything yoplait makes." and you were all, "yum!"
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woman: what do you mean, homeowners insurance doesn't cover floods? [ heart rate increases ] man: a few inches of water caused all this? [ heart rate increases ] woman #2: but i don't even live near the water. what you don't know about flood insurance may shock you -- including the fact that a preferred risk policy starts as low as $129 a year. for an agent, call the number that appears on your screen. >>brian: quick headlines. don't try to follow me. i don't know where i am. startling new study finds fish oil may not be as good for you as we once thought. researchers say the omega 3 fatty acids raise the risk for prostate cancer in. >> new details about george clooney's and his girlfriend's split. according to tmz he asked his girlfriend to move out
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of his home. they dated for two years before they split up. i'm so interested in their relationship, i forgot to concentrate on mine. gretchen? >>gretchen: one of the most watched trials of the year, and it's wrapping up. closing arguments begin today after george zimmerman decided not to testify. now will the judge lower the charges, at least instruct the jury that they consider other charges? joining me now, fox news senior judicial analyst, judge andrew napolitano. good morning to you. >> good morning. >> let's back up because you believe this case should have never even gone forward. why? >> i do believe this case was largely brought because of what i would call racial politics, fear that animosity between the races since the deceased is african-american and the person who killed him is hispanic, part hispanic, part white. the government thought by bringing the case and putting the burden on the jury it would get rid of
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the animosity between the races. but that's not the reason for which we have criminal trials. we have criminal trials when the government has enough evidence to convict. it is clear the government doesn't have enough evidence to convict. the case should have been dismissed by the court at the end of the government's case. i don't blame the prosecutors. i've watched this case. and in my view, the two of them are superior professionals. i blame their bosses who compelled them to try this case and to charge the defendant with far more than they could possibly prove. >>gretchen: second-degree murder charges? >> in most states if you charge for second-degree murder, the jury could compromise at something below that. in florida the jury can't unless the judge decides they can. >>gretchen: that is the big decision today? >> yes. the government lawyers are going to say to the judge, just in case we didn't prove second-degree murder, would you tell them that other types of manslaughter, other types of homicide, aggravated manslaughter, simple manslaughter, are capable in there? and they could convict of
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that, even though we didn't actually kharpbl him with that. -- actually charge him with that? >>gretchen: do you think the judge will do that? >> i think this judge will. i'm critical of her because she is not throwing out charges where there is inadequate evidence. she is putting the burden on the jury. let these six anonymous people bear the consequences for an unpopular outcome rather than me, the judge, the professional, doing her job. >>gretchen: there has been much made of the judge yesterday, some people thought admonishing going too far in asking zimmerman whether or not he was going to testify. you feel differently than some. did she go too far? >> it is not clear to me if she asked the questions at the right time but it is clear to me the questions were acceptable. when you were the judge you have to be absolutely certain of a couple of things. one, the defendant knows he has the right to testify. two, it is the defendant's own decision, that his lawyers are not making him doing it and no other person is making him do it.
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that decision not to testify is i are i -- that decision not to testify is irreversible. we don't usually see that happen on tv and some people were startled by it, the judge interrogating the defendant. you have to do it. >>gretchen: thank you so much for the analysis. nobody does it better than judge andrew napolitano. coming up, he hasn't made it to kindergarten yet, but he is already hopping into politics. meet a four-year-old mayor. are you kidding me? beyonce swears by them. we're talking about cleanses and detox diets, but do they work and are they safe? dr. marc siegel separating fact from fiction coming up next. ♪ ♪
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>> steve: they've gained popularity from celebrities like beyonce and gwyneth paltrow promising to get rid of pounds while getting rid of toxins. >> brian: but do they work? here to break down and separate fact from fiction is dr. siegle. should i get into this type of diet? >> no. >> brian: why? >> i'll tell you why, the first one we're talk being today is, actually it's healthier to have a steak for a week than to have the master cleanse, which started in the 19 40s who was convicted of medical fraud. the master cleanse, which is probably the most commonly used cleanse uses cayenne pepper, maple syrup, memen aid -- lemonade. it has none of the nutrients you need. we're being to start with the kilmeade steak cleanse. it's no good for you either, but
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it's got more protein and it's healthier for you to eat this steak than the cleanse. >> steve: they rid the body ofens? >> that's fiction. the body is ridding itself of toxins all the time. your cells are getting rid of toxins. your liver is detox fighting. your liver is getting rid of waste. that's what's sweating is. you don't need one of these cleanses to supposedly clean you out. it doesn't actually do that and it can rid your body of essential nutrients while it supposedly cleansing you. it's the opposite. >> brian: is it a myth to say it stimulates weight loss? >> it's a myth because it will give you weight loss initially. it will give you water weight loss. you lose water. but then your metabolism is slowed down, so you will actually gain weight back faster. >> steve: the final one, they are safe, fact or fiction? >> fiction. they are not really safe because you can lose electrolytes. spiritually, some people say it's good to take a pause, have
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a fast like we do on yom kippur. then restart your thinking about what you've been eating that's bad for you. so there is a spiritual advantage of a cleanse or fast, not physical. physically it's a waste. >> brian: that is such a reach. i can go to the library or stare at the wall, that's what you're saying is the only thing good. >> but kilmeade steak cleanse. >> brian: with a special focus on flank. >> steve: flank steak. thank you very much for dropping by. 4 minutes before the top of the hour. then, shocking admission from the fort hood shooter. >> brian: and she has brains and beauty, but no boyfriend. miss usa says she just can't get a date. is she kidding? has she met our crew? >> steve: yes, she has. [ laughter ] my name is mike and i quit smoking.
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yep, and no angry bears. the perfect place is on sale now. up to 40% off. only at hotels.com >> gretchen: good morning, everybody. it's thursday, july 11, 2013. i'm gretchen carlson. thanks for sharing part of your day with us. fox news alert. two surgeries in two days, randy travis rushed into the operating room overnight. we have the developing details straight ahead. >> brian: a shocking admission from the accused fort hood shooter. it could be a major black eye fort white house. listen, which calls the murder's workplace shooting. we'll tell you this story because it didn't always sound like a workplace shooting, did it? >> steve: imagine you're driving and out of nowhere, you see this. (bleep) a car swallowed up bay mud slide. how the driver made it out. we've got incredible images for you. "fox & friends" hour two for this thursday starts right now.
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>> gretchen: good morning, everybody. hope you're gonna have a great thursday. thanks for spending part of your morning with us today. >> brian: it was amazing on 48th and 6th because new york city is hosting the all-star game. there is a full batting cage out there, a mini field, there is a real wall and they had an emcee all part of hyping up the big game. >> steve: it's causing some headaches for our friday concert because that's exactly where we normally have our concert. what we're going to do, i think they're going to move it to the other side and there you can see the slurpee mobile because today is 7-11, the 11th day of the 7th month, the day that southland, incorporated started the 7-11 company. >> brian: it changed america. >> steve: there is the batting cages. >> brian: tomorrow's bands, the rolling stones. >> steve: the food traveler. >> brian: that's even better. >> gretchen: we'll look forward
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to that. we've got to tell but new headlines. while you were sleeping, randy travis taking a turn for the worse. he had a stroke while being treated for congestive heart failure. he underwent surgery to relieve the pressure if his brain. critical condition again this morning. the 54-year-old was hospitalized sunday for a rare virus that attacked the heart. closing arguments in the george zimmerman trial in florida begins today. he opted not to take the stand. >> what is your decision, sir? >> after consulting with counsel, not to testify, your honor. >> gretchen: the defense rested yesterday. he faces second degree murder charges in the death of trayvon martin. but jurors could consider manslaughter and aggravated assault. the judge expected to decide whether or not that can happen today. jury deliberations are scheduled to begin friday afternoon. shocking revelations in the crash of asiana flight 214. the pilots told flight attendants not to evacuate the
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airplane after it crash landed and made an announcement to passengers to stay in their seats. 90 seconds later when the flight attendant saw flames that the doors of the plane were opened. we're also learning the pilot behind the controls claims he was blinded by some sort of a light right before landing and for the first time we're hearing the frantic 911 call. >> what are you reporting? >> there has been a crash. there are people injured on the tarmac. >> ma'am, were you on the plane, ma'am? >> yes, i was on the plane. we've been on the ground 20 minutes, a half hour. there are people laying on the tarmac with critical injuries. they're trying to keep them alive. >> gretchen: we've also learned that three flight attendants were still strapped in their seats when they were sucked out of the plane. they all survived the crash. incredible new video showing the moment a driver gets caught in the middle of a mud slide. >> oh, my god.
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>> gretchen: this is el paso county, colorado. the driver says one minute he was on the highway, the next he was being swept right off the road. here is another view of that terrifying incident. more than a dozen cars were washed away by rushing water and mud. luckily no one hurt. >> steve: that's crazy. now to the stunning new details regarding the accused fort hood shooter. joining us from washington, d.c. with the latest, elizabeth prann. good morning to you. >> good morning. major nidal malik hasan is representing himself at the trial and his first time addressing potential jurors, he admitted he supports the taliban and sharia law. then asked the jurors their thoughts on islam. many of whom said they had negative views but they could put those views aside only to consider the evidence. ten jurors have been tentively selected so far. 13 are needed for the trial. he is accused of going on a shooting rampage. we all remember back in 2009,
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killing 13 people. he does face execution or life without parole if in the meantime, another bombshell this morning. a former top security official just revealed the 2009 massacre was first labeled as a terrorist attack before it was then switched to workplace violence. former new york city mayor rudy guiliani calling the decision dangerous. >> i think it is exceedingly damaging to engage in this fiction that the attack at fort hood was work lace violence and there is a certain reluctance to describe someone as an islamic extremist terrorist for fear that you're going to make a mistake, but it certainly played a role in the case of major hasan that it was so obvious that this man was a possible terrorist. >> several lawmakers are fighting to have the distinction changed. otherwise it's impossible for those killed or injured in the rampage to receive a purple heart. gretchen, steve, brian, back to
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you. >> steve: all right. thank you very much. >> gretchen: in the meantime, democrats are now fighting a proposed 24% budget cut to the irs. i believe it's house republicans who had proposed this. president obama and his budget wanted $13 billion for the irs. last year they got 12. now they're proposing that they only get $9 billion and really republicans are saying it's because of these glaring sort of errors that happened, the targeting of tea party. some 290 groups. should we be increasing the funding for this particular agency based on that? >> brian: when they have their pricey conferences, they don't even bid out these conferences. they pick the first hotel they see. they go and train people to have their roles in star trek. you got to think they have too much money on their hands and they're trying to burn it. i can't believe democrats wouldn't get on the same side against the irs in this situation! major cummings was outraged
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about their behavior. >> steve: the democrats feel they need the irs to enforce obamacare and they don't want to change anything regarding that. you got all the republicans who say we got to plan because we can not trust the irs with the public money because they blow it on stuff like brian was talking about and because they have targeted people and we don't know they've stopped for sure. trey gowdy was on yesterday and made it very clear that the plan the republicans are putting forward is probably a good idea. >> when you are given resources and you do not use them appropriately, you should lose them and 24% is a good place to start. you can add to that a prohibition against money being spent on conferences, videos, bonuses, and we're also going to make sure they have no role in the implementation of the so-called affordable care act. i cannot stress to you how little trust the people i work for have in this entity. so a fourth is a big cut, but i
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got to be honest with you, they've earned every penny of that 24% cut. >> steve: if they did reduce it to that amount, they would be spending about the same that we did in 2001. >> gretchen: all right. so you have politicians against that. but then does that make this okay? let's juxtapose this story to the one we told you. the u.s. military spending $34 million on new headquarters in afghanistan. here is the issue, they told the groups that they needed to tell before they even built the structure you see that they didn't need it and they went ahead and still built it with taxpayer dollars. i think this probably happens frequently 'cause these are contracts that are predetermined and then you're going to take away jobs from people who have gotten these contracts and so they just go ahead and use it 'cause it's taxpayer money. >> brian: i agree with you if it was in texas or in guam where there are the territory of ours. but this is a war zone and at a time in which he goes to west point and says, we're going to
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surge troops, we'll start pulling troops out in a year, and you go ahead and put in a part of afghanistan we're leaving, there is evidently cutting edge stadium seat not guilty this area, a secure perimeter, and it will never have a person in it. just because we're insecure about the taliban coming back, we're going to end up blowing it up before we leave. do you know what we could do with $34 million in the military? >> steve: absolutely. and so that's the juxtaposition. we're spending all this money on a building over in afghanistan that we knew three years ago we would never use, but we've built anyway. and now we're going to have to probably demolish or turn it over to the afghanysys who would have no way to sustain it. there was a two star general who said what the hell were they thinking? there was never any justification to build something this fancy. that's the building right there. it was built to u.s. construction standards. it could be the best constructed building in the country of afghanistan and they could tear it down of the rand paul just
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absolutely horrified we're blowing dough like this. here he is with greta last night. >> so our government is riddled with waste from top to bottom and the one lesson of the sequester is that there is a lot of fluff that can be cut out before we actually have to get to things that are important like paying our soldiers. all of that needs to be done and if you cut out all the extra stuff we're doing, we'd have plenty of money to take care of our soldiers. >> brian: the military is taking way too much of a hit when it comes to sequester. that was the thing that they put in there to make republicans come to the table. in the end, it's our military taking the brunt of this. we can't get the aircraft carriers out, the f-16 pilots can't practice. it will really affect our readiness and i think chuck hagel talked about that yesterday. it's easy to sit down and cut down agencies like the irs which don't deserve it. but if anyone deserves to be bolstered, it's our military, don't you think? their performance over the last 12 years has been extraordinary. >> gretchen: the pentagon is eyeing cuts in danger pay for
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u.s. troops for up to eight countries. what is danger pay? it's countries that they're going to look and say, well, is it really a dangerous area? one of the ways in which they figured that out is if service members are allowed to bring their families with them for assignments in places like bahrain, then they determine that that's not going to be applicable to danger pay anymore. what does this mean? that $225 pay cut for members of the military. countries that will still be within this danger zone, afghanistan, iraq, iran, lebanon, syria, some that may come out, jordan. that's interesting 'cause that neighbors syria. saudi arabia, liberia, haiti, and several other soviet republics. another country that could still remain is egypt based on what's happened in the last weeks. >> brian: you think so? a lot of people thought the uss cole shouldn't be danger pay. what about the towers? that seemed dangerous after they blew up. if you're in the middle east, you should have combat pay. every day matters. in kuwait it's calm now, but
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about ten years ago it wasn't. we're not going to get any notice when that becomes a dangerous area. >> steve: so there goes out of the average troop's pocket, $225 a month. they won't get danger pay. however, we have plenty of money to pay for -- that's right -- the cupid shuffle! you've got irs employees screen right, and brave americans defending democracy >> brian: that woman is dancing with a sprained ankle. so she deserves some type of combat pay. >> gretchen: all right. coming up -- >> steve: is that fair? e-mail us. >> gretchen: or twitter us. coming up, ben bernanke says he's going to keep pumping money into the economy. what does that mean for your wallet? that's with it all comes down to? we have that story. >> brian: then. >> steve: she has brains and beauty, but no boyfriend. miss usa says she can't get a date. is that a joke? >> brian: what is wrong with
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>> gretchen: 16 minutes after the top of the hour. welcome back. fed chair ben bernanke speaking out again. whatever he says, everyone listens. so he said yesterday he's not going to raise interest rates. >> we said we will not raise interest rates until at least -- at least until unemployment hits 6.5%, as long as inflation is well behaved. again, i think as i said before, that 6.5% is a threshold, not a trigger. it will not be an automatic increase in interest rates when unemployment hits 6.5%. instead, that will be a time to think about the situation anew. >> gretchen: all right. joining me, charles gasparino.
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>> the situation anew. that clarified it. >> gretchen: he is kinds of like e.f. hut within the market, right? you hear the word threshold, trigger, 6.5 unemployment, inflation. what other buzz words? >> if we're a small investor, we play the market to a certain extent. you got the fed involved. i think this is good. i think the market is not going to implode because the fed is going to keep printing money. where this becomes a national security problem is in the future. never before has the fed printed this much money for this long and never before has the fed signaled that it's probably going to keep printing money because the economy is pretty weak. remember, you have obamacare coming. that's a drag on the economy. the last thing that ben bernanke wants to do is drag the economy back into a recession after what we've been through following the financial crisis. >> gretchen: is it like a bubble of sorts? >> it's not like a bubble. it is a bubble. listen, i could tell you what i know. you don't fight the fed. if you're an average investor,
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if you want to get 0% what you get on a money market fund or bank account, that's fine. you got to make a few more bucks, you got to be in the market and look for clues from the fed when they're going to raise interest rates. he is saying unless there is dramatic sort of improvement in the economy and there probably won't be, they're going to keep printing money. >> gretchen: are we to assume then that unemployment is sort of the thing that this is all depending on. so what i'm trying to say is if unemployment actually improved, would the market be that much better that you wouldn't have to print money or would you still have to do that? >> that's the whole thing. what he's saying is that the economy actually does really come back, we won't have to print money and the market will be based on the economy, which is a good thing. but what he's also saying is that we don't really see that type of improvement. this is really interesting. the obama economy still four years, five years after coming into office, after all that stimulus, still has not
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convinced the fed chairman, who has printed lots of money that it is really improving or improving enough to sustain decents economic growth. remember, we have 2% economic growth. you need a lot more than that to pay for all the stuff we do. >> gretchen: just want to let our viewers know, charlie has written his fifth book "circle of friends." 300 some pages. how do you have time to do this? >> you work nights and days and you work hard. i think it's a worthwhile subject. this is about the markets and what i try to do with people is say, you want to be an investor? i give you an insight into the markets so maybe you can be a better investor, trust wall street less. know more about what your broker is saying. i think this brings it out. >> gretchen: a massive crack down on insider trading. good luck with the book. >> thank you. >> gretchen: is your company successful? you can be forced to pay employees more than minimum wage. that ruling just in. then the month you don't want to have a baby revealed?
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>> steve: we got news by the numbers. first, 12 bucks. >> brian: i love doing this. >> steve: all right. take over. >> brian: i don't know how. first, 12.50. lawmakers say wal-mart and other big retailers have to pay their hourly wage to workers and not minimum wage. it's called the living wage law. wal-mart says it will now stop construction on those three stores in the area. next,. >> steve: $100,000. that's how much the f.b.i. is offering a as a reward for information leading to the recovery of $1.2 million. the cash swiped from a swissair
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jet at jfk last month, brian. >> brian: gretchen? >> gretchen: thanks. finally, four. that's how old this mini mayor is. bobby was elected last year as mayor -- you knew this, right? >> brian: yes. >> gretchen: of dorsett, minnesota. he's campaigning hard for reelection. the ceremonial role has no official duties. that's kind of good to find out. >> brian: right. also that town named after the famous runningback of the dallas cowboys. >> gretchen: i don't think so. >> brian: looking for an action packed movie this summer? i know you are. you want to see with your whole family? i know you want that. we've got something just your speed. >> my name is turbo. i just want to go a little faster. ♪ >> yes! that's a new record! >> gretchen: more on "turbo" we step in with michael. i saw this preview with my kids when we within to see one of
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those monster movies last weekend. and especially my son is excited about this one. >> it's good. it's the ultimate underdog story about a snail who wants to win the indianapolis 500. >> steve: how can that happen? >> you have to watch it. >> gretchen: it's a cliff hanger? >> it's a cliff hanger. ultimate underdog story from the creators of madagascar. samuel l. jackson and michael pena. we asked the cast if they ever felt like an underdog and what they thought when they were pitched the idea of a snail. >> in our times you do often become the underdog because there are so many new people always coming, no matter what field you're in. so you got to always feel like the underdog in order to get back at the top. >> still feel like i made it. you're just like the only people that made it are like mcdonald's. [ laughter ]
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>> over 60 billion sold. >> when they pitched this idea, what did you think? >> pretty ludicrous. dream works, if anybody is going to create that story, it's those guys. >> also told you'll never work in this town again unless do you this movie. >> that works for me. >> steve: what else works for you is to do that interview. you had to go to barcelona? >> it was a tough assignment. >> gretchen: wow. >> that's where they had the world premiere. >> brian: everyone knows the dutch love nails. >> steve: and so do the french. >> gretchen: fox fan this weekend. >> yankee stadium, 1,000 people will come out over two days. if you are unable to get tickets, you can still participate. we have a big social media aspect to it this year. if you follow us on twitter and instagram and hash tag fox fan wknd, hash tax fax fan weekend. we'll put them on the fax fan
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page. you can partake. >> brian: is it true you get o meet steve and gretchen if you go? >> i hear that's the rumor. turbo is partnering with us this weekend. they'll have the truck out here, giving out breakfast saturday and sunday. >> brian: this just in, derek jeter will be activated for fox fan weekend. it's unbelievable he's been forced into action for us. >> he's getting in the game. >> steve: 39, it's not too old. >> thank you. >> gretchen: caught on camera, a child hit by the car and the driver takes off. the kid was in the stroller. incredible ending to this story and a very relieved mother. watch this mom chase after her baby. horrible. you have to see it. >> steve: and here is what the country needs, a law maker fighting to make banks more pot friendly! cheech and chong are smiling somewhere [ brent ] now steve's looking pretty good so far.
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[ herbie ] eh, hold on brent, what's this? mmmm, nice car. there's no doubt, that's definitely gonna throw him off. she's seen it too. oh this could be trouble. [ sentra lock noise ] oh man. gotta think fast, herbie. back pedal, back pedal. [ crowd cheering ] oh, he's down in flames and now the ice-cold shoulder. one last play... no, game over! gps take him to the dog house. [ male announcer ] make a powerful first impression. the all-new nissan sentra. ♪
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the all-new nissan sentra. ♪ [ [ barks ] [ announcer ] all work and no play... will make allie miss her favorite part of the day. [ laughing ] that's why there's beneful baked delights. from crispy crackers to shortbread cookie dog snacks, they're oven-baked to surprise and delight. beneful baked delights: a unique collection of four snacks... to help spark play in your day. >> i'm really happy and excited to confirm that indeed i will be joining the "fox & friends" team in september and would first like to thank mr. roner ailes,
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the entire fox news channel for this incredible opportunity. today is officially my last day at "the view." >> steve: yep. >> brian: that was yesterday's open of "the view." making it official that she'll be joining us on our couch, which isn't as nice, but it's not quite as big. but i think that's cozier. >> steve: it is curvier. so she will be joining us and gretch will be moving on to a new assignment. >> gretchen: to the afternoons here at fox hosting a show. so thanks so much for your continued viewership. elizabeth will be great in this role. here are your headlines. video shocking, a driver backs into a mom, if you're a parent, this video will drive you bonkers. watch this. the kid is in the stroller. mini van knocks her over, then drags the toddler through the parking lot. the mom trying to run to save her son. the driver stops and the mom able to unbuckle her child right before the driver takes off. amazingly, they were not hurt. police in michigan just releasing this picture of the
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suspect from a surveillance camera inside the store. >> steve: meanwhile, a democratic law maker from colorado wants to make banks more pot friendly. that's right. the recreational use of pot has been legal in the state since november. the federal government still considers it illegal. so banks there are he concerned about handing money from pot transactions, i should say handling money from pot transactions, and business owners find they can't open a checking account. so congressman ed pearlmudder introduced a new bill that would immunize banks from prosecution by the federal government. that's curious. >> gretchen: turns out it does matter what time of year you're born, at least when it comes to your health. accord to a new study, there is a 10% risk of prematurity among babies conceived in may. researchers say this may be because moms hit their third trimester around flu season. the flu is a known factor in early delivery. this also contributes to higher
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risk of asthma and learning disabilities. >> steve: this sounds hard to believe, but miss usa says she can't find a date. six foot beauty who won her crown back in 2012 has even turned to looking for love on-line using the app. she called dating in new york tough. >> i don't know if it's the city or guys are intimidated by me. i was miss usa, you know. i studied political science. who knows? it's hard to find a date. >> steve: oh, really? it turns out announcing her dating woes to the world helped. actor adam sandler came to the rescue and helped set her up with basketball star, as we saw right there. but we have -- >> gretchen: shaq. >> steve: we also have some takers as well. >> gretchen: these guys are putting their hat in the ring? >> steve: that's our crew. >> gretchen: all right!
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fantastic! nana, if you're watching, we have three our prospects for you. shaquille o'neal or bird dog joel, our floor manager there? >> steve: brian kilmeade also outside with a look at sports today. >> brian: how is it going? we are outside. the weather is holding up. good thing we have a retractible roof should something happen. in a moment, a real fantastic athlete who is going to have a great future. but now this. san francisco giants pitcher chad goh dean, in hot water for groping a woman in a hospital. he began touching her. police held him -- he was held down until police could get him. let's move to the other story. david ortiz making history last night. the red sox slugger picked up hit number 1689, giving him more base hits than any other designated hitter in major league history. harold baines previously had the record. ortiz has more than 400 home runs, 1400 rbis and -- in his
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17-year career. he will start in the all-star game. coverage begins at 6:30 on fox. we'll be out there monday and tuesday live at the stadium at city field. today marks the anniversary of babe ruth's first major league game. the great bambi know debuted july 14, 1914 for the dreaded boston red sox. he pitched seven innings strong and the game transcended. he is credited with making the homerun popular and making it look so easy. the player has 60 homeruns homen one season. before that, the record was 20. 714 for his career. congratulations to babe ruth and his ancestors. coming up on radio, it will be -- in a little while, 9 to noon. we'll have chris wallace joining us live, along with other special guests. first things first, steve, you have a fox news alert that we got to meet somebody special. >> steve: indeed. thank you very much. it is a fox news alert. while you were sleeping, randy
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travis rushed into a second emergency surgery. dan goodwin -- godwin is at the baylor heart hospital in plano, texas. good morning to you. >> good morning. randy travis is out of surgery this morning. baylor, the web site for baylor hospital here in plano, texas, says he's in critical condition. doctors say the surgery last night was performed to relieve pressure on travis' brain after he suffered a stroke. apparently a complication from his congestive heart failure. the operation, as we mentioned, took place over several hours. during a news conference yesterday, travis' doctors had said he had been starting to show signs of improvement after being admitted to the hospital this past sunday. but then this stroke occurred yesterday and the emergency surgery. in recent months, travis had
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been involved in a number of high profile, embarrassing incidents involving alcohol, including a guilty plea to dwi in january. he had been trying to put those problems behind him and get his life and his career back on track, but now there is this very serious medical setback that he suffered yesterday. we have seen a couple of tweet this is morning coming from a number of stars of country music. carrie underwood says she's thinking about my friend, randy travis. hope he gets better soon. keith urban says, sending healing, strength and love to you this morning, randy travis. this is dan godwin reporting live in plano. >> gretchen: all right. thank you so much for that update. we wish him well. now let's go outside to maria molina and see what the weather picture is for our weekend. >> good morning. it depends where you are. northeast we're talking unsettled weather for today, for tomorrow. as we head into the weekend, it will be beautiful. that's all thanks to a cold
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front that's headed eastbound. today producing mostly cloudy skies. we had areas of drizzle on and off throughout the morning hours and are expecting heavier storms behind it as we enter into later this afternoon. as we head into this weekend, beautiful. again, sunshine and temperatures into the low 80s. there is a look at the radar picture. showers and storms not just across new york city, but further south into sections of the southeast, parts of the midwest and also into the plains. could be looking at some thunderstorms. we're talking severe weather possible in parts of south dakota and also parts of montana, damaging winds, large hail and isolated tornadoes will be concerns. temperature wise, on the hot side across parts of the plains again. 100 degrees for your high temperature. rapid city. that is a hot day in south dakota. 103 in dallas. 88 in kansas city. and memphis. >> steve: did you say hot day. >> brian: did you say hot day in america? >> yeah. >> brian: i think 7-11 has the answer. am i correct?
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>> it's their 86th birthday. they're going to be handing out -- >> brian: they're handing out slurpees. one by one, we'll be serving them right here! take their order over there. >> he's from san antonio. >> brian: sir, this is free slurpee day. >> thank you. >> brian: what color can i get you? >> any color you want. >> brian: have you ever met maria molina? >> i sure have. >> you know what, brian? i didn't know that there was a dr. pepper flavor. >> brian: there is a dr. pepper flavor. here you go, sir where. are you from? >> san antonio, texas. >> it's going to be a hot day there? >> brian: what are i get you? >> strawberry lemonade. >> brian: it's true you can show up at a 7-11 and you get a free one. give me that starbucks. we can't have that here. what can i get you? >> strawberry lemonade. >> brian: i'd rather make a coke one. >> you're going to have coke.
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>> brian: have your picture taken with maria molina. you have a camera with you? >> and brian. >> brian: go around and take a picture with her. what can i get you, sir? >> cherry. >> steve: people are getting slurpees, photographs and forecasts. there you go. >> brian: step up, get your picture with maria. >> can we do a selfy. >> steve: why are moretaking a n me? >> brian: who would want a picture with me? maria is out here. >> gretchen: is that diet? >> steve: yeah. >> brian: i have work to do. >> gretchen: i don't think so. >> steve: 19 minutes before the top of the hour. coming up, an unexpected visitor at george zimmerman trial. a dummy. peter johnson, jr. says that was a big mistake. he explains next.
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>> gretchen: plus, you've seen him dunk. the two-year-old basketball wonder has a new move. trick shot titus shows them off. there he is. hey, buddy. oh, i like the little kick after. that's like his fist pump. ♪ before they can attach. the leading brand kills, but doesn't repel. a tick tt isn't repeed or killed he
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>> steve: as the george zimmerman trial comes to an end, some are asking the question based on the evidence, why was george zimmerman charged with second degree murder and has he received a fair trial? >> have you made the decision, sir, to whether or not you want to testify? >> your honor, i object to it.
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>> okay. overruled. have you made a decision as to whether or not you want to testify in the case? >> i objected to that question. i think -- >> overruled. mr. zimmerman, how much more time do you think you're going to need to discuss this with your attorneys? >> on his behalf -- >> i am asking your client questions. please. >> i object to the court inquiring of mr. zimmerman as to his decision about whether or not to testify. >> your objection is overruled. >> steve: whoa. all this as authorities worry about possible unrest in the community after a verdict. what can we expect to happen? joining us now, peter johnson, jr. that exchange between the judge and also the defense seemed badgering. >> incredible, ridiculous, yes, badgering, inappropriate and emblematic of what some people think has been han unfair case from the beginning. police officials in the area say there was pressure to bring charges and subsequent indictment against
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mr. zimmerman. so if you want proof positive about a process that's gone hay wire a little bit, the attitude of the judge in pushing mr. zimmerman -- there was no question, do you want to testify but your lawyers won't let you? i need to ask you yourself, it was really out of control and inappropriate, in my mind. >> steve: what did you think of the use yesterday of the dummy? >> the dummy is a very interesting thing. it may become the glove of the o. j. simpson case. the dummy was brought forth by the prosecution to show that it could not occur in the way the defense was saying. and what mr. o'mara did on the right there, the defense lawyer, he started banging the dummy's head on the floor in a dramatic representation of what they say happened to george zimmerman by trayvon martin. and i looked at that and i said, that's the case. that's the case. and so if i'm sitting as a juror and i see this compelling banging of this dummy on the floor time and time again, i
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don't think there was any objection to that because they brought the dummy there. the question becomes who is the dummy? were the prosecutors dummies in bringing it in? i think so. i think it was a huge, huge error in this case. >> steve: you got to figure if the jurors are sitting there looking for reasonable doubt t could have been right there. >> finally what we now know is that the seminole county officials and other people in florida, they're getting ready to stop or quell the prospect of civil unrest. they put together a psa. let's watch a little bit of it. >> if wend up arrested. >> i know your patience will be tested, but law enforcement has your back. >> don't act up. no need to act up. >> they're saying raise your voice and don't act up. now, the truth is, no television radio commercial or exhortation by any politician has ever stopped any riot anywhere. at the same time, i've got a
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problem with it because it is saying something about government's mindset about the community down there that i think is wrong. i think the american people are peaceful of all stripes, of all colors and that they respect the law. there may be dissension if there is a not guilty verdict for mr. zimmerman, but i think americans expect other americans to act in a way that's appropriate and respectful for the law. i don't think we need commercials like that. >> steve: well put. it does look as if the jury could wind up with the case by tomorrow afternoon. >> some say today or tomorrow. >> steve: thank you. coming up, watch this. a wheelchair-bound man falls right onto the tracks right there. meet the good samaritan who jumped in to save his life. then you've seen him dunk. now the two-year-old basketball wonder has some new moves. trick shot titus live from new york showing off his tricks [ female announcer ] nature valley protein bars,
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>> yeah! you made it! >> brian: then a star was born. two-year-old trick shot basketball internet sensation and thanks to his dad's youtube channel, titus ashby scored a slew of tv appearances and even a commercial. we're actually responsible for his late night debut. joining us right now, back with us, dad, joe, and superstar titus. welcome! all right! good to see you. look, he's got a kobe deal
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already. >> now he should go into little kid modeling. >> brian: so he does our show. he's already famous on youtube. jimmy kimmel watches our show and decides to take you guys on. >> we basically go from the fox studios to the airport, back home, and i see that jimmy kimmel that week made fun of titus for miss ago lot of shots on tv. we made a challenge video saying he could take you. >> brian: taking on shaq, taking on meta world peace, taking on kobe. what kind of success did he have? >> titus was undefeated. he did tie kobe. i couldn't sleep for a week after that. it was like we could have beat kobe bryant. >> brian: how is he handling this? he's got the vest on. he used to be a kid that just wore what he woke up in. now with the pullups, he's -- is he liking the crowd? >> he loves it. he's getting better at being in front of people. like we'll wave. usually when kids know you're looking at them, they want to stop. >> brian: titus, you want to hit
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some shots? here is titus. this is an actual -- that's the size of the rim. he's tall for his age. one hand. let's get going. >> hey, titus. come and stand and do a free throw. he watches players do a free throws. can do you a free throw, titus? you want to dribble it and do a free throw? he's always mimicking what he sees. >> brian: do you want to shoot? you want to pass it tomorrow? good. now, go to the basket. ready? shoot, titus! are you holding out for more money? thanks, i owe awe favor. give one shot for america. do it for america! yeah! there you go. again, titus! you're on a roll! do it again! he's the man! titus not letting fame and fortune affect the way he approaches the game, unlike so many! titus is on a roll!
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[ cheering ] titus, the shot and it's good! do you ever miss, titus? ever? >> not on national tv. >> brian: oh, my! look at him go! a round of applause for this superstar! you can't teach that. actually his dad joe did. you're a machine! how do you stop this? i'm sorry. >> that's how he stops it, brian. >> brian: sorry. >> i don't believe it. >> brian: we'll be right back. we'll see how titus is. sorry, dad. >> brian, you're fired. >> brian: we'll check in with titus again. we'll give it another friend. straight ahead, why is ksm allowed to put a vacuum cleaner
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together? michelle malkin on the top of the hour. and this new exhibit is out of this world. we take you live inside the atlantis exhibit at the kennedy center. titus, you okay? can become major victories. i'm phil mickelson, pro golfer. when i was diagnosed with psoriatic arthritis, my rheumatologist prescribed enbrel for my pain and stiffness, and to help stop joint damage. [ male announcer ] enbrel may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, nervous system and blood disorders, and allergic reactions have occurred. before starting enbrel, your doctor should test you for tuberculosis and discuss whether you've been to a region where certain fungal infections are common. you should not start enbrel if you have an infection like the flu. tell your doct if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if you have symptoms such as persistent fever, bruising, bleeding, or palens. nce enbrel helped relieve my joint pain,
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>> gretchen: good morning, it's july 11, 2013. i'm gretchen carlson. fox news alert. country singer randy travis rushed to the operating room for his second surgery in two days. new details on his condition straight ahead. >> steve: meanwhile, first he delayed the employer mandate. now the individual mandate might be next. what in the world is happening to obamacare? wait, we've got the tape. well, it looks something like an implosion. michelle malkin is here to weigh in on that. >> brian: that actually had -- okay. president obama has solutions to stop leakers. spy on co-workers, or report
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back things like marriage and financial problems. i don't see a problem with that plan. "fox & friends'" final hour. we'll find out how titus is in just a moment. >> steve: what happened to him? >> steve: it was moments ago outside of our -- >> brian: already. >> steve: brian kilmeade working with these two, young titus, did this. watch. >> brian: i'm sorry. i'm sorry. >> steve: he got titus in the kisser, brian. >> brian: my fault. i should have bounced it. so that was titus a short time ago. we had to end the segment and he was not feeling well like many professional players, get hurt, they cry. >> gretchen: that's why we separated you. gregg jarrett has e-mailed for the second time today. child abuse is a felony. first he ruled on the zimmerman
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case. now he's telling brian to get a good lawyer. [ laughter ] >> brian: here is the thing, peter johnson, jr., i've retained him just in case something like this came up. >> he intentionally missed that ball. >> steve: he is okay, right? >> yeah. >> steve: you like being on tv have. >> gretchen: i have a good idea, take that ball right now and throw as hard as you can at that. okay? right here. right here. yea! >> brian: i'm not going to throw it back. >> steve: titus, thank you very much. thanks for stopping by. >> steve: you got the laptop! >> brian: kids love that book.
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>> gretchen: brian, don't toss the ball. >> brian: i'm gog hand it to him. >> gretchen: here, dad. >> steve: don't pick anything up. >> brian: okay. are we still going to get to talk to miss prann? >> gretchen: elizabeth? >> brian: elizabeth. >> gretchen: usually in the morning it's dumping your coffee. now you may need legal help. >> brian: don't be surprised if other anchors hurt children for ratings. >> steve: don't be surprised if tomorrow it's the titus morning show. the good news is he is fine. >> brian: we think. >> steve: no, he's fine. three minutes after the top of the hour. >> gretchen: we have a fox news alert to tell you about. while you were sleeping, randy travis taking a turn for the worse. he underwent surgery late last night to relieve the pressure in his brain. he's in critical condition this morning. the 54-year-old was hospitalized sunday for a rare virus that
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attacks the heart. earlier country star keith urban sent prayers on twitter, tweeting, sending healing strength and love to you this morning, randy travis. shocking revelations in the crash of flight 214. the pilots told flight attendants not to evacuate the airplane after it crash landed. they on made an announcement to passengers to stay in their seats. it wasn't until 90 seconds later when a flight attendant saw flames that the doors on the plane were opened. we're also learning the pilot behind the controls is now claiming he was blinded by some sort of a light right before landing and for the first time we're hearing the frantic calls to 911. >> 911 emergency. what are you reporting? >> there has been a crash. there are people injured on the tarmac. no ambulance. >> ma'am, were you on the plane, ma'am? >> yes, i was on the plane. we have been on the ground, i don't know, 20 minutes or half hour. there are people laying on the tarmac with critical injuries, head injuries. we're trying to keep a woman alive. >> gretchen: we've learned three
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flight attendants were still strapped in their seats when they were sucked out of the plane. they all survived the crash. incredible video into the fox news room showing the moment a driver gets caught in the middle of a mud slide. >> oh, my god! >> gretchen: it happened in el paso county, colorado. the driver says one minute he was on the highway and the next, swept off the road. check out this other view of the incident. more than a dozen cars were washed away by rushing water and mud. no one was hurt. for the first time we're hearing from one of the good samaritans who saved a man from being run over by a train. the man fell face first onto the train tracks in washington, d.c army specialist michael menchaca was coming down the escalator at that moment. he jumped onto the tracks to help save the man, but don't call him a hero. >> i was doing the right thing. anybody else would have done it. >> you don't think those actions were heroic?
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>> in my book, i mean, not really. i was just doing the right thing. >> gretchen: he's being considered now for the soldier's medal. the army's highest peacetime award. and those are your headlines right now and time to bring in michelle malkin who is out in colorado. we were talk being the mud slides out there. you don't live nearby that, or do you? >> i do. the 24 that was closed because of the mud slide is how i get to fox. >> steve: goodness. you were out yesterday? >> yeah, i was. i avoided 9 mud, but there is plenty in washington to compensate. >> brian: let's talk about obamacare. i think there has been some critics on the right on obamacare. not one republican voted for it, and now we see now that it's passed, it's almost unimplementable. how do you characterize what has happened over the last week with obamacare? >> yes, well i saw the implosion video and i think it was quite apt. i hate to say that the critics were vindicated because there is
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nothing sweet about this vindication. it's all bitter. but the way in which the administration announced so sheepishly right before the july 4th holiday that they were going to delay implementation, not merely of the reporting rules for the employer mandate, but effectively, of course, the employer mandate itself, i think it's just proof positive that this thing was set up to fail. >> steve: and so we just put up the time line where first we heard about through that blog. we heard that the employer mandate not going to be mandated as required by law. there are a number of republicans saying, you know what? if you're not going to do the employer mandate, let's not do the individual mandate. why help business and not people? let them both off the hook. maybe forever. >> yeah. that's right. ted cruz made that statement a couple of days ago with which i completely agree. i think you have to dial back even further on this time line
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because from day one, the obama administration was issuing waivers. this latest one really is just a waiver from obamacare for obamacare, but we started out with a select group of companies and unions and favored health care providers that were exempted temporarily from the oneruos burden and ever since they've been issuing this. so this really is the trademark of how this whole thing has gone down. selective enforcement. if you want to simplify it, what we're really talking about is this basic concept of the administration that bad is good, that up is down, and that failure is success. >> gretchen: it will be interesting to see if there were legal ram any indications -- ramifications, if lawsuits come to pass. now this other topic. there is a relatively new program put in place by the administration to try and stop
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leakers like edward snowden. i think it was in place before that time. but basically it's kind of like spying on each other at work. for example, it encourages workers, federal workers to watch life styles, attitudes and behaviors of other co-workers, check out if they're working odd hours, unexplained travel, monitor co-workers' stress, divorce, financial problems, track on-line activity. what kind of work environment would this set up and would it be really easy to try and just turn one of your own employees in, co-workers in? >> yeah. well, let me say this, because i believe that classified information should stay classified and there used to be a tradition and habit and mandate across the federal government that it was treated as such. so any attempts to make sure that secret information from the government remains secret is something that should be unobjectionable. but of course, in this current
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environment, what you have i suppose is a training program for snitches, or a training program so that you've got these experienced spies who can spy on the rest of us. i don't know. >> steve: it's crazy. let's take folks down to gitmo where a bunch of those guys who are being held are on a continued hunger strike. a judge ruled monday that she lacked the authority to halt the forced feeding. you refer to this essentially as jihad theater or sircdu jihad, certainly. i think you have to put this latest round of hunger strikes, which have been going on for several months in context, and the fact is that you've got gitmo swindlers who have been fisting all sorts of fables on the world with help from a lot of these transnationallist groups and left wing bleeding heart lawyers who are trying to cast every last detainee as some poor innocent potato farmer. i think that what the american
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people need here is a reality check about how manipulative al-qaeda operatives and their sympathizers are. and the fact is that back since 2005, they have been concocting all sorts of sob stories and victim stories to try and shut gitmo down. that is the ultimate goal here. it has nothing to do with any kind of defense of human rights. these people are willingly and deliberately manipulating public and global opinion. >> brian: i know. it's unbelievable. the inmates are running the asylum and it's we're allowing it. if you let the guards do their thing, they could take control. the a.p. is reporting that khalid sheikh mohammed has been allowed to put together and take apart a vacuum clean tore keep his sanity. what's your take on that? >> you know, it's part of that whole gitmo coddling mentality. apparently we're indulging his
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tinkering penchant and feet issue by letting him do this kind of thing. what was shocking to me in the stories that have come out about how we've been filling his idle time is the fact that here he is relaxing, watching movies and dvd's and apparently getting snickers bars. okay? so let's not focus on the hunger strikers. let's talk about that and this guy is still yet to be held and justice achieved for his masterminding of the terror plot that took american innocent lives. >> brian: costing us millions of dollars. >> steve: all part of your jihad theater. michelle malkin joining us from out in colorado. thank you very much. we'll see you back here next week. >> you bet. take care. >> gretchen: coming up next, a brand-new segment here on "fox & friends." we're calling it legalese. bob massi is here to answer the most asked questions about the law so you don't have to hire an attorney. >> brian: then we spent a ton of
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>> gretchen: ever dream about quitting your job, heading to greener pass -- pastures. maybe contracts come with a clause to prevent from you jumping ship. bob massi is here to explain the legalese of all of this. what are these monday compete contracts? >> well, most employment contracts, particularly if we're in a specially type of business, basically says this, if, in fact, you are terminated or if you voluntarily leave your job,
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these covenants are designed to say an employee cannot necessarily go to a like kind business and compete with the employer that they just left or terminated from. they're very, very common in employment contracts. >> gretchen: and this would be because they don't want you to be effective somewhere else, i would gather, right? >> very much so. and here is some of the things we need to look at. what a court looks to in a covenant not to compete is this what's the time period that that employee is not permitted to not work again, because it can't become a restraint of trade. what geography -- for example, does the contract say you can't work in the state of new york as opposed to the city of new york city? the other thing is, you know, what is it within the contract itself, time, geography or the things that basically the courts will look reasonable.
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is it reasonable, for example, gretchen, real quick, courts can what they call blue line it. they could say, hey, listen, the contract that massey signed is five years. i don't believe that's reasonable and therefore, they're going to blue line it and say two years is reasonable. so that's the thing that's important when you look to covenants not to compete. >> gretchen: i would think that especially now, judges might rule differently just with unemployment rates higher. it's kind of tough to say a person can't work. but anyway, it is a contract. what kind of person -- what can a person do to further their career? >> here is a couple of things you have to realize. first of all, always get a lawyer to look at any employment contract, particularly if they have covenants not to compete. the second thing is, i've been on both sides of this. you can, in fact, have the prospective employer contact your present employer and sometimes they could buy out the covenant. they put a value on it. say look, this is a value for that covenant and they can literally -- it's always about money, gretchen. they could buy it.
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okay? the other thing is if your employer decides hey, i'm not letting you out of it and you go someplace else, you could say to that employer, listen, if i get sued, you're going to pay for my attorneys' fees. i want you to know that right now. so these are the type of things you can negotiate. a court could restrain you from working someplace else if they find it reasonable. so covenants not to compete, viewers, they are enforceable. some states i might
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>> gretchen: did she go too far? greta van susteren weighing in. then the flying golf cart not just in the future anymore. why you're about to see them on the green? pretty cool. [ female announcer ] nature valley protein bars, with simple, real ingredients, like roasted peanuts, creamy peanut butter, ♪ so it's energy straight from nature to you. nature valley protein bars. so it's energy straight from nature to you. thanks, olivia.
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>> steve: some quick head lines. the wildfire in arizona that killed 19 elite firefighters now finally 100% contained. the fire started nearly two weeks ago and destroyed at least 114 homes and many lives touched. and a federal agency thought their net work was hacked. it wasn't.
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but before they figured that out, the folks over at the economic development administration used hammers to destroy computers and key boards like that one pictured right there. the damage? $2.7 million, which is more than half their annual technology budget. good luck. >> brian: 24 minutes after the hour. two years ago the shuttle atlantis launched into space for the last time. marking the end of the shuttle program as we knew it. now that shuttle hangs in the kennedy space visitors center in florida where we have anna kooiman hanging out. anna? >> hey, good morning and good morning to everybody at home. good morning from kennedy space center. we're underneath the belly of shuttle atlantis. it flew in space some 33 times and this is its final resting place. visitors come, they get a 360-degree view. it literally looks like it undocked from the international space station. up with of the best parts is that your tax money didn't go to pay for this.
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it's ticket sales, food sales and merchandise sales that's funding this. good morning to you. >> good morning. how are you? >> this is bob springer, an astronaut from atlantis and also discovery. how is this one different from the others that are on display across the country? >> this is almost -- i liken it to seeing a wild animal in its own environment. it's really where it belongs. >> the arm is out? >> the arm is out, the antennas are deployed, everything is out there ready to go. >> we have a fantastic view our viewers can see. 122 feet long. we are underneath the bottom of this. how many tiles are on this? >> about 24,000 tiles. the interesting thing, each one has like its own individual address. >> all the scorch marks and scratch marks are still on there. this is its true form. >> exactly as it came back from space. that's the best part of it. you get to really see something that's almost alive. >> yeah. it's very interactive, too. not just for the kids. adults love it as well. talk about how this exhibit is really meant to inspire. >> that is the key to it.
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we're doing more than just a museum tour here. we're actually giving people and particularly our young people -- >> we can even come and spin the wheel. >> they can look at the massive tires we use, do the interactive events so you can land the orbiter and deploy the arm. we can actually pick the orbiter up like we're mating it to the external tank of the solid rocket boosters so people can perform those tasks. >> it's a $100 million bailiff. what is the future of space exploration? >> nasa has interesting things going o. perhaps the most exciting thing that happened and working in conjunction is commercial space. so we got private entrepreneurs out there that are building their own spacecraft, improving the facilities here at the kennedy sissy spacek center, all oriented toward getting us back in space in a more meaningful way. >> this makes me feel so patriotic to be here. i totally recommend coming. you've got a little -- >> i saw you eating our ice cream pie. you got to try the astronaut ice cream.
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>> hopefully this is better. you don't like the freeze dried stuff. your favorite is the shrimp cocktail. >> the ice cream, if you like that, more power to you. >> it tastes like chalk. >> thanks for being here. >> gretchen: you don't need to bring that back to us. >> steve: in space, nobody can hear you scream about the taste. thank you very much. such a great place down there. if you're ever along the coast with your family for vacation, visit. >> brian: the best news was the rocket. it will be displayed. >> gretchen: coming up, while the irs wastes our money on things like line dancing videos, danger paid for -- pay for our troops is heading for the chopping blocks in some regions. >> steve: wild animals try to escape their predator by hopping into a family's car
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!
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>> gretchen: fox business alert. the labor department releasing brand-new weekly jobless numbers. 360,000 first-time unemployment claims filed last week. that's more than the week before and 20,000 more than expected. we'll bring you up to date with nicole petallides coming up on our show from the "fox business" network in a couple of minutes.
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>> brian: it took 18 witnesses less than a week, but it looks like the defense is closed and today we get closing arguments and probably no more dumbies and animation. >> steve: there is a chance they may bring out rebuttal witness, but for the mast part they did lay out the schedule yesterday, the judge did. speaking of the judge. did the judge go too far yesterday in questioning george zimmerman? usually -- actually always at the conclusion, after the defense rests, that's when the judge asks the defendant, you going to testify on your behalf? extraordinarily, with witnesses left, the judge asked him this and it looked like badgering to some. watch. >> have you made a decision, sir, to whether or not you want to testify -- >> your honor, i object to this. >> okay. overruled. have you made a decision as to whether or not you want to testify in the case? >> i object to that question. i think -- n overruled. the court is entitled to inquire
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of mr. zimmerman's determination as to whether or not he wants to testify. mr. zimmerman, have you made a decision as to whether or not you want to testify in this case? >> no, not at this time. >> okay. how long do you think you need before you make that decision? >> may we have an opportunity to speak? the case hasn't concluded yet. >> i understand that and i've asked mr. zimmerman if he needed more time to talk to his attorneys and if he does, i will afford it to him. mr. zimmerman, how much more time do you think you're going to need to discuss this with your attorneys? >> on mr. zimmerman's behalf -- >> i am asking your client questions. please, mr. west. >> i object to the court inquiring of mr. zimmerman as to his decision about whether or not to testify. >> your objection is overruled. mr. zimmerman, i will give you more time, sir, to discuss this with your attorneys. thank you very much.
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>> steve: what was that? >> gretchen: ultimately apparently we found out that george zimmerman is not going to testify, but it was sort of a long and drawn out process. greta van susteren, a lawyer herself, on her show last night had these thoughts about the judge. >> let me tell you off the top, that judge was way out of line. the defense had not rested, had not nearly rested and what in the world was she badgering him for and not talking to the lawyer? way out of line. she had no business asking that particular question then. no business. she waits 'til the end of the defense case, then she can do that. doing that in the middle of a defense case is way out of line. >> steve: greta doesn't need a panel, she's got it there herself. >> brian: what did judge napolitano think? >> gretchen: he said that he didn't agree with it being the timing of it. they should have waited for the witnesses when he was on our show earlier today on the 6:00 o'clock hour. but that he didn't have a problem with the way in which he was asked because apparently you need to be clear. it's a one-time thing. you can't go back and revisit it. and you don't want your attorney speaking up for the client. that's the one time where you
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actually hear from the defendant unless they testify. >> steve: then we had peter johnson, jr. on and he felt the judge was out of control. many different legal opinions regarding what that was yesterday. e-mail us, let us know. was the judge out of line or was it fine? meanwhile, we got stories making headlines at this hour on this thursday. the pentagon is considering cutting danger pay for 56,000 u.s. troops who are in danger. senior military officials came up with a list of 18 countries where security conditions have improved, they say, no longer dangerous enough to warrant the extra pay. one of those countries, jordan, where hundreds of troops were just deployed because of the civil war in syria. if this plan is approved, our military members would lose $225 a month. >> brian: four days before the 2012 presidential election, elliott spitzer penned a column
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titled, quote, why i am voting for barak obama. he wrote, we've heard all the promises, excuses, smart lines and misrepresentations, now it's time to choose. turns out he didn't vote for obama or anybody else. according to the new york post, he was reportedly a no show at his polling place and did not submit an absentee ballot. a spokesperson says spitzer was too busy appearing on current tv alone with vice president al gore who then sold it to al-jazeera. >> gretchen: remember when the government spent millions of your taxpayer dollars studying shrimp on a treadmill? now they're studying what it's like to be a cow. people can walk on their hands and feet and see themselves as an animal. the study aimed at making people feel the pain of cows in hopes they would cut down on eating meat. >> steve: that's a lot of moola. meanwhile, the wildest video
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you'll see all day. >> it's in the car! >> steve: it's in the car. it narrowly escapes death by jumping into a family car! it happened on a safari in south africa. the tourist let the animal out of their car after the cheetahs gave up on the chase. the cheetah went on to chase other impalas. we're talking about the animal. >> gretchen: not the car. >> brian: right. i had no idea that -- i thought it was a deer with great jumping ability. >> steve: an impala. >> brian: let me tell you what's going on in the world of sports. just in time for fox fan night, derek jeter, maybe one of the greatest yankees ever, will be back in pin stripes as early as tomorrow. today being thursday, that would be friday. he's expected to come off the dl. he was pushing to get back to the big leagues. he might have been successful trying to wield management to do it. he has not played a game this
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season, he's been doing well in the minors. this is a futuristic vehicle destined to make it to the moon. not quite. but you will see -- we'll start seeing them on the links in the not too distant future. a golf club in ohio has ordered them, one named after bubba watson, puts 33 times less pressure on the ground than a human foot step. it's gentle on the green and looks really cool. renting one for the day will be 230. >> steve: and you can go across the water hazard. >> brian: go to keeping score on our web site. i talk more about sports. it's usually fascinating. >> steve: later today we'll be talking about what happened at 7:55 eastern time today. >> brian: i don't remember. what happened? >> steve: this happened. young titus, two-year-old. oh, my goodness. you threw him the ball and you got him it looks like in the face. or you scared him. what happened? >> brian: it was 7:55 and i was trying to be his rebounder. he missed his first shot out of a dozen and i bounced the ball to him and i don't think he was
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ready for it. so i inadvertently forced him to tears. >> steve: he cried. >> gretchen: that sounds like a good defense, kilmeade. let's hear what our viewers think. here is a tweet from mike. for kilmeade's next segment, he's going to kick a puppy on national tv. >> brian: that is not nice. he was open and i fed him. i had no idea he was that free in front of the net. >> steve: it's just one of those things that happened on live tv. >> brian: he cried for five minutes. >> steve: the father said, came on tv and said the kid is fine. mark tweeted, don't play basketball with brian on "fox & friends." he'll break your nose and your spirit! >> brian: that is so not nice. a person sitting right behind me at the time was able to see the velocity of the pass and i took a lot off it. i took a lot off it. it was maria molina. you were there. you were by the slurpee machine trying to make a few extra dollars. what was the deal? do you really feel i was at fault or should titus have had
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his hands up? >> that was absolutely terrible, brian. i'm never playing basketball with you. you're not rebounding any shots. that's exactly when it happened, 7:55 in the morning, eastern time. terrible occurrence, brian. >> brian: wait a second. it's maria doing a reenactment outside on the plaza. >> i need a basketball. >> gretchen: all i can think about is that's finally a net you and i can dunk off. >> burr titus can shoot better than i can. >> gretchen: than most people. >> for sure. let's look at the weather conditions across the country. america wants to know what the weather will be like today. in new york city, we're talking mostly cloudy skies. on and off drizzling throughout the morning hours and we are expecting some heavy thunderstorms to roll on through parts of new york city and the rest of the northeast. take a look at the radar picture. you can see them moving along i-95 corridor. in parts of the southeast, if you live if sections of alabama and mississippi, you're dealing with heavy thunderstorms. what we're talking severe weather as far as south dakota and montana.
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temperature wise, it's going to be another hot one. rapid city, 100 degrees. 103 in dallas. memphis. low 90 force you. new york city, not bad. pretty typical temperature wise, 83 for the high temperature. grab the umbrellas if you're headed along the east coast. back inside. >> steve: thank you very much. >> gretchen: coming up, it pays to work for leno whose intern bought a house for a million bucks? is there more to this story? that's coming up next. >> brian: then we just saw the jobless claims take a huge jump. nicole petallides is live at the new york stock exchange to analyze and walk. >> i'll walk. i'll walk, but just don't toss me the ball, whatever you do, brian. [ laughter ] all right. i'm going to walk during the tease and i'll tell you that we are looking higher. maybe we'll challenge some of our records we set recently over this year i should say, coming up [ female announcer ] it's simple physics...
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to rediscover the joy of being active this summer. see the difference all of us can make, together. >> brian: quick headlines. a startling new study finds fish oil may not be that good for you after all. i thought it was good for us. researchers say the omega 3 fatty acids and supplements raise the risk of prostate cancer in men by 70%. it makes your breath bad. and it sure pays to be jay leno's intern. check out this $1.1 million home ross matthews just bought in california. he's a 33-year-old comedian getting his own talk show later this year. >> steve: leno's intern. >> brian: did he actually have a 33-year-old intern? >> gretchen: no, i think he may have been an intern in the past. fox business alert, about 15 minuting, the labor department releasing new job numbers. they took a big jump, 360,000
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people filing for unemployment. what does that mean? joining us from the stock exchange live is nicole petallides. all right. good morning. what do you make of the numbers? >> good morning gretchen, steve and brian. what do i make of these numbers? when you look at the numbers and you see the jobless claims that came in of 360,000, that exceeded the analysts' estimates. it also moves them to a two-month high. that's not good news for americans looking for work. it is technically good news for the stock market because you know what that means? that means our fed head, ben bernanke, is going to keep that money flowing. keeping that bond buying going. quantitative easing and you heard it out of his own mouth, he said that they have to keep the policy, this highly accommodating policy the way it is for the foreseeable future. in other words, the economy and life here in america is just not good enough to taper back. and that gives this market a boost. we may start to move higher to
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our highs that we set back in may. >> steve: that's right. could hit an all-time high later today. weigh in on this, down in washington, d.c., they've been building a number of wal-mart stores because they've been underserved by big box retailers. well now, apparently dc lawmakers say we're going to have to make sure that if you're a big box retailer of business over a billion dollars a year, you've got to pay your people at least 12.50 an hour. wal-mart says, you know what? let's stop building them. >> i think that's very interesting. we can all think back to our first jobs and what we made as minimum wage. but ultimately if you're running a business, you can't have one area just tell you to basically put a 50% premium because cost of living is more there. ultimately, wal-mart can do anything they want. wal-mart now is deciding to scrap the three stores that they were planning on building there and now hurting the people who would have had jobs at least for something, right? so it's a tough one. then everybody else who was
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making x would want more, is everybody going to want 50% more? they'll be out of business. >> brian: how is your job? >> my job is great, thank you. there is some highlights, starbucks on the floor. it's great. >> steve: with a walking workout on the floor, nicole petallides, thank you very much. >> gretchen: coming up next, does president obama believe he has the power to determine what laws to enforce and what laws to ignore? our next guest says yep, just like king james? >> brian: you mean lebron? >> steve: and martha mccallum was tweeting about brian. >> brian kilmeade, hit the toddler in the face. >> brian: yes, i saw that tweet. >> i think it's accurate. >> brian: it was inadvertent. >> i know, brian. he's totally fine. >> brian: right. are you going to consider that in your show? >> we're going to lead with that actually. thanks. actually coming up, we have a few bigger stories than that to talk about today. was the justice department involved in anti-zimmerman
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protests in florida? you'll hear both sides of this story and you can decide. also judge jeanine weighs in on the judge in the zimmerman case. you thought fish oil was good for you, right? a shocking new study. we'll see you at the top of the hour did you know that honey nut cheerios has oats that can help lower cholesterol? and it tastes good? sure does! wow. it's the honey, it makes it taste so... well, would you look at the time... what's the rush? be happy. be healthy. ...and a great deal. . thanks to dad. what's the rush? nope eeeeh... oh, guys let's leave the deals to hotels.com.
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>> steve: welcome back. president obama postponed part of the affordable care act and says our next -- and our next guest says it's an abuse of his executive power. and he's taking a page from king james ii? he should know. michael mcconnell is a former judge who sat on the u.s. court of appeals and also a law professor at stanford and he joins us live from california. good morning to you, judge. >> good morning. >> steve: you write, like king james ii, barak obama is
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deciding -- decides not to enforce laws he doesn't like. can he do that? >> under the constitution, he can not. it's quite clear, the constitution says that the president shall take care that the laws be faithfully executed. not that he may, not that he can put them off. this was specific addition to the constitution in response to abuses of power by the king, specifically king james ii who asserted the power to suspend or dispense with laws that he passed by parliament that he didn't like. we are not a royalty. we are not a monarchy. our president executes the law. he doesn't simply pick and choose. >> steve: and the law that was passed by congress and signed by him in no uncertain terms had a start date and he's putting it off -- >> it has a specific start date of january 1, 2014. >> steve: so how does he get away with it? >> well, actually we don't know.
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the administration has not released any legal opinions. we don't even know if they asked their lawyers about this. the administration did not even deign to send a witness to the hearings in the house yesterday to explain the basis. so we've simply seen no explanation for this. there have been rumblings that people call this transitional authority, no big deal. but it's unprecedented for the executive to have a law that takes place on january 1, 2014 and say never mind. we'll wait a year. that is simply not done. >> steve: you wrote on the pages of the "wall street journal" in an op ed column yesterday, you said, can you imagine the outcry if mitt romney were elected and refuseed to enact the affordable care act. that's a great point. >> this is why democrats should
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be just as upset about this as republicans are, because if president obama has the authority not to enforce laws that he chooses not to for political reasons or whatever they happen to be, republican presidents in the future would have that same authority. i cannot imagine that members of congress would put up with that. >> steve: we'll see what happens. all right. michael mcconnell, former judge on the u.s. court of appeals for the 10th circuit and law professor as well, thank you very much for joining us live. >> thank you. >> steve: all right. meanwhile, about before the top of the hour, coming in your tweets and e-mails pouring in about brian smacking poor titus in the kisser. we're going to read them coming up. ♪ ♪ [ upbeat ]
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>> gretchen: brian is about to be handcuffed and tape off to jail for child abuse when he threw a basketball at a two-year-old basketball phenom, titus. we called in the lawyers now and they're determining that brian may not be able to do his radio show. >> brian: a lot of people think titus is going to take legal action against me. some tweets coming in. bill says, brian is claiming that the ball came from the area of the grassy knoll. though i am not, bill. i am saying that he was open and i just forgot he was two. >> gretchen: sure. >> steve: scott says. >> he says that a little known fact. kilmeade threw the pass that hit marsha brady. [ laughter ] >> steve: arthur, what kind of a case does the kid have. >> brian: 78 i in trouble? >> listen, brian, there is only so much i can do. i'm not a miracle worker. [ laughter ] >> steve: there was no video with that, brian. >> gretchen: there was cnn. >> he faces up to a year in
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prison. >> gretchen: brian -- >> steve: it was an accident! >> it was reckless. he should have known that your actions could have caused damage. >> steve: this in the after the show show. >> gretchen: thanks, arthur. martha: hello, everybody. with this fox news alert the george zimmerman trial heads to closing arguments today. the jury could get this case as soon as tomorrow. as we saw, even more high drama in the courtroom. the star witness was a dummy. gregg: i'm gregg jarrett in for bill hemmer. things got heated when judge debra nelson pressed george